Storing or transporting a banned AR-15 separated?

OwlShootAnother · Apr 4, 2017

I mentioned in my intro I turned down a move from Delaware to Maryland. I'm being urged to reconsider. This may be a silly question, but searching didn't find me anything.

Is it known whether I can legally store and transport a banned AR-15 rifle in separated upper and lower receivers? That is, treat it like parts and not a gun. The purpose would be to operate the firearm only where legally permitted, such as nearby Delaware, then disassemble for when in Maryland.

Or, would that fall under the constructive parts clause like with NFA regulations? E.g. You can't possess a short barrel upper and matching receiver because they can be assembled.

clandestine · Apr 4, 2017

If someone here tells you its legal, will that be an affirmative defense at your hearing?

mopar92 · Apr 4, 2017

Is it legal? Well the best answer is it's NOT illegal.

There's no case law or precedent governing this. Neither MSP nor the AG have released guidance or opinion on this. So to answer your question.........I dunno and neither will anyone else.

If it where me, I'd leave the upper there at a friends house and bring my lower in state. I'd also buy an MD legal HBAR upper if I wanted to hit the range here.

Now, if you owned the rifle prior to 10/1/13 it is legal to bring with you providing you register it with MSP.

jtb81100 · Apr 5, 2017

If you want to follow the intention of the law, register it if you owned it before 10/1/13 or don't bring it into the state. Also, don't forget to register your handguns and get your HQL if you want any more.

Unless its "go or lose your job" offer or the money/package is amazing I'd say no. If it is only temporary, negotiate the cost of secure storage into the package/contract.

Biggfoot44 · Apr 5, 2017

If you owned it prior to Oct 1 , 2013 , you may bring it, subject to registering it in same manner as your handguns.

If post 10/2013 , I started to talk about alternatives, but too many variables as to your priorities and budgets.

FWIW , we usually urge people to move FROM Maryland TO Del .

Blaster229 · Apr 5, 2017

Here's a good one......What if someone has property out of Maryland who owns all kinds of banned weapons prior to 10/13 at that house. Now, after being a resident here for say x amount of years, decides they'd like to have one of those banned something or others here.

It's past 90 days, so, they can't do it now? or do they get a fine for trying to register after 90 days? or they confiscate the weapon?

Hmmm

Pinecone · Apr 5, 2017

mopar92 said:
If it where me, I'd leave the upper there at a friends house and bring my lower in state. I'd also buy an MD legal HBAR upper if I wanted to hit the range here.

THIS ^^^^^^^^^^^^

I would probably be OK with both MD legal upper ON the lower, and separately the non-MD compliant upper around, but not installed.

Having the lower and ONLY a non-MD compliant upper is not a good idea IMO.

Hawkeye · Apr 5, 2017

Blaster229 said:
It's past 90 days, so, they can't do it now? or do they get a fine for trying to register after 90 days? or they confiscate the weapon?

Hmmm

It was pointed out to me somewhere else recently that there is no penalty specified in the law for missing the 90 day registration window, or not registering at all.

MD Criminal Law said:
(a) (1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.
(2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.
(b) An application for registration under this section shall contain:
(1) the make, model, manufacturer’s serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and
(2) the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification Soundex number, and occupation.
(c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.
(d) Registration data provided under this section is not open to public inspection.

Other sections of the Criminal Law specify the penalty for breaking that section of the law. IANAL, so I don't know how it works if there's a criminal statute that doesn't have a specified penalty. Anybody know?

Pinecone · Apr 5, 2017

Blaster229 said:
Here's a good one......What if someone has property out of Maryland who owns all kinds of banned weapons prior to 10/13 at that house. Now, after being a resident here for say x amount of years, decides they'd like to have one of those banned something or others here.

It's past 90 days, so, they can't do it now? or do they get a fine for trying to register after 90 days? or they confiscate the weapon?

Hmmm

Trouble maker.

paxfish · Apr 5, 2017

A quick fix would be to build an HBAR upper. Depending on what you're doing with the rifle, the weight difference might be a non-issue:

Colt 16" M4 profile barrel: 1 pound 12 ounces

Colt 16" HBAR: 2 pounds 3.4 ounces

OwlShootAnother · Apr 5, 2017

Thanks for all the great feedback. Most likely I will get an HBAR upper and be done with it. It's a shame because I really like the full length Diamondback handguard. It'll probably be a while before I get around to sourcing the new upper. So, I might just leave the original upper in storage somewhere out of state.

Again, I'm not trying to skirt the law or ask for here-say or guesses. Just looking for what is known to be legal based on legislature or some other canon.

All this fuss over an inconsequential detail of the firearm. Sheesh!

CharlieFoxtrot · Apr 5, 2017

Hawkeye said:
It was pointed out to me somewhere else recently that there is no penalty specified in the law for missing the 90 day registration window, or not registering at all.

Other sections of the Criminal Law specify the penalty for breaking that section of the law. IANAL, so I don't know how it works if there's a criminal statute that doesn't have a specified penalty. Anybody know?

Statute you cited is actually Public Safety 5-143 (not Criminal Law). While that section makes no mention of a penalty a strong argument could be made that the penalty provision in PS 5-144 applies since this would be a crime concerning the possession of a regulated firearm and is in the same subtitle:

§ 5-144. Knowing participation in violation of subtitle.

(a) Prohibited.- Except as otherwise provided in this subtitle, a dealer or other person may not:
(1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or
(2) knowingly violate § 5-142 of this subtitle.
(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(c) Separate crime.- Each violation of this section is a separate crime.

You go first

[and keep my number handy]

Hawkeye · Apr 5, 2017

CharlieFoxtrot said:
Statute you cited is actually Public Safety 5-143 (not Criminal Law). While that section makes no mention of a penalty a strong argument could be made that the penalty provision in PS 5-144 applies since this would be a crime concerning the possession of a regulated firearm and is in the same subtitle:

Well crap, obviously you're right.

You go first [and keep my number handy]

Oh, believe me, I'm not going to be playing Mr. Test Case anytime soon. It was more of an academic question on my part as to what happens if you have a statute that lists a violation but doesn't specify a penalty for that violation.

chilipeppermaniac · Apr 5, 2017

I must say I am thoroughly confused all except the " we usually tell people to move from Md TO Delaware" part.

Semper Noctem · Apr 5, 2017

OwlShootAnother said:
Thanks for all the great feedback. Most likely I will get an HBAR upper and be done with it. It's a shame because I really like the full length Diamondback handguard. It'll probably be a while before I get around to sourcing the new upper. So, I might just leave the original upper in storage somewhere out of state.

Again, I'm not trying to skirt the law or ask for here-say or guesses. Just looking for what is known to be legal based on legislature or some other canon.

All this fuss over an inconsequential detail of the firearm. Sheesh!

If you like it so much, why dont you just swap the barrel for an HBAR?

chilipeppermaniac · Apr 5, 2017

Hawkeye said, "It was more of an academic question on my part as to what happens if you have a statute that lists a violation but doesn't specify a penalty for that violation."

This I understand. All the legalese just fries my pea brain.
I say just allow it all, right down to 100 round mags and Tommy Guns

mac1_131 · Apr 5, 2017

Yes, sell the upper and get a nice HBAR upper for it, bring it in, enjoy it and don't register it!

yakfish · Apr 10, 2017

Blaster229 said:
Here's a good one......What if someone has property out of Maryland who owns all kinds of banned weapons prior to 10/13 at that house. Now, after being a resident here for say x amount of years, decides they'd like to have one of those banned something or others here.

It's past 90 days, so, they can't do it now? or do they get a fine for trying to register after 90 days? or they confiscate the weapon?

Hmmm

I went the exact opposite direction. After 2013, I leased a rental property in Virginia JUST so I could be a part-time VA resident and buy stuff there.

On paper, I live there part of the year, at least as far as Virginia income taxes are concerned.

The very first thing I bought as a "VA resident" was a Masterpiece Arms MAC clone. I've never even fired it, I don't even like it. I just bought it because I couldn't have in MD.

Ranchero50 · Apr 10, 2017

Would it not be simpler to HBAR rebarrel the OP's upper?

teratos · Apr 10, 2017

Make it an SBR.

Storing or transporting a banned AR-15 separated?

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